SURESH BALA Vs. RAMESH CHAND

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 1.9.1999 passed by the learned Additional District Judge, Sirmaur District at Nahan in Civil Appeal No. 84 -N/13 of 1998 whereby he confirmed the judgment and decree dated 7.11.1998 passed by the learned Sub Judge, 1st Class, Court No. 1. Paonta Sahib District Sirmaur in Civil Suit No. 143/1 of 1995 dismissing the suit of the Plaintiff.

(2.) BRIEFLY stated the facts of the case are that one Ratna had four sons and three daughters namely Gurmel Singh, Ramesh Chand, Fateh Chand and Dharam Pal, Smt. Kamla, Smt. Parkasho and Smt. Niko. Smt. Rajo Devi was the wife of Ratna. Gurmel Singh pre -deceased his father. After the death of Gumel Singh, his widow Barto left the house of her in -laws, went back to her matrimonial home and got re -married. The Plaintiffs Suresh Bala and Achhro Devi are the daughters of Gurmel Singh. Ratna executed a Will, Ext. D.W. 1/A on 13.2.1995 whereby he left his entire property in favour of his three surviving sons namely Ramesh Chand, Fateh Chand and Dharam Pal and his widow Rajo Devi.

(3.) THE Will, in question, is a registered Will. D.W./1 Ramesh Chand is one of the Defendants and he stated that their father executed the Will on 13.2.1995 in favour of the three surviving sons and the widow. D.W./2 Niranjan Singh Saini is the document writer who scribed the Will. He deposed that the Will was written at the instance of Ratna. He identified his signatures on the Will. He further stated that the Will was written in the presence of the attesting witnesses Gurmukh Singh and Karam Chand. According to this witness, after the Will was written, he read it over to Ratna who admitted the same to be correct and then affixed his thumb impression on the Will. Thereafter, the attesting witnesses affixed their signatures on the Will and then the Will was got registered before the Tehsildar. Karam Chand, D.W./3 and Gurmukh Singh, D.W./4 are the two attesting witnesses to the Will. All the witnesses deposed that at the relevant time, when the Will was executed, Ratna was in a fit mental condition. They clearly proved that the Will was executed in accordance with law and that after the scribe had written the Will, the same was read over and explained to Ratna who then put his thumb impression on the same and thereafter, both the attesting witnesses in the presence of Ratna and in the presence of each other affixed their signatures/thumb impressions on the Will. The Will was thereafter registered before the Tehsildar. It is thus obvious that the execution of the Will by Ratna has been proved in accordance with law.